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Temporary Restraining Order Sample With Motion To Dismiss In Riverside
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Multi-State
County:
Riverside
Control #:
US-000299
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Under California family law, it is possible to cancel or “dismiss” a filed restraining order. A restraining order can only be dismissed by a judge in a court of law. So to get it canceled, you must file a motion to get the order dismissed with the court.
If a judge is unwilling to grant the TRO, that essentially means that the petitioner has not made a reasonable primafacie case of harassment or abuse, and does not bode well for the petitioner's case.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
You will need to research and write (1) an “Application for TRO,” stating what you are requesting and when the hearing will be; (2) a “Memorandum of Points and Authorities,” explaining the relevant laws and how they apply to your facts; (3) a “Declaration” under penalty of perjury explaining both the facts of the case, ...
Evidence for a Temporary Restraining Order In California, the threshold for obtaining a TRO is quite low, and the accused, referred to as the respondent, is often not even present to raise a defense. To obtain a TRO, the petitioner must typically only submit sworn statements detailing the alleged abuse or harassment.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
The judge reviews the submitted documents and decides on immediate protection measures. The judge holds an urgent hearing to assess the petitioner's paperwork. The petitioner presents reasons for seeking protection, and the judge decides whether to grant a temporary order to ensure immediate safety.
You will need to research and write (1) an “Application for TRO,” stating what you are requesting and when the hearing will be; (2) a “Memorandum of Points and Authorities,” explaining the relevant laws and how they apply to your facts; (3) a “Declaration” under penalty of perjury explaining both the facts of the case, ...
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This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action. (Cal. Civil harassment restraining order (can be used for: coworkers; neighbors; roommates.Or more distant family members like cousins, uncle or aunt, etc. You can file a Motion to Dismiss this is a preform that can be obtained from the Clerk of the Court where you filed your Petition. Temporary Restraining Order (Elder Abuse). Riverside. Timing. Temporary Restraining Order or Order to Show Cause. This procedural guide covers how to apply for a preliminary injunction on noticed motion. Basically, you fill out a form describing the things the other person did that make you believe you need a restraining order. The court provides a variety of online services such as finding resources and information, accessing and filling out your forms, and viewing your case. Your computer must have the Adobe Acrobat Reader installed in order to view any of these documents.